General Warranty Deed
Definition
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
Example
Sarah purchases a home with a mortgage. Her lender requires the seller to provide a general warranty deed. Years later, someone claims an ownership interest from a defect that occurred 30 years ago. Because Sarah received a general warranty deed, her seller is legally obligated to defend her title.
Exam Tip
The general warranty deed offers the MOST protection to the grantee — this is one of the most frequently tested concepts. Remember the five covenants using the mnemonic "Sir Conveys Every Quiet Assurance" (Seisin, Convey, Encumbrances, Quiet enjoyment, Assurance).
Related Title Transfer Terms
Deed
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
Special Warranty Deed
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
Bargain and Sale Deed
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
Deed Requirements (Essential Elements)
For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.
Title Search
A title search is an examination of public records to determine the history of ownership, liens, encumbrances, and other interests affecting a property. It verifies that the seller has the legal right to transfer the property.
Frequently Asked Questions
Test Your Title Transfer Knowledge
Practice with exam-style questions to make sure you can apply General Warranty Deed and other title transfer concepts.